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The official summary record of discussins of the MACP Joint Committee, which was held on 27th July, 2012 has been issued by DOPT on 13.9.2012. As per the decision taken in the National Anomaly Committee meeting, the separate meeting was held on 27.7.2012 charied by the Joint Secretary of DoPT. We placed the official record note of the meeting of MACP Joint Committee…

Summary Record of discussions of the meeting held on 27th July, 2012 with the Staff Side on the issues relating to Modified Assured Career Progression Scheme (MACPS)

In the meeting of the National Anomaly Committee, held on 17/07/2012, it was decided that Joint Secretary (E), DOPT will hold a separate meeting with the Leaders of Staff Side to discuss the issues relating to MACP Scheme which formed Agenda Item No 42 of the National Anomaly Committee. Accordingly a meeting was held on 27/07/2012 in Room No. 190 at North Block, New Delhi. The list of participants of this meeting is at Annexure IV.

Joint Secretary (E) DoPT welcomed the participants and stated that the Joint Committee which was set up by the National Anomaly Committee to discuss the issues relating to Modified Assured Career Progression Scheme (MACPS) met thrice and based on the discussions in those meetings a Report of the Committee was prepared and was placed before the National Anomaly Committee in its meeting held on 5th January, 2012. However due to shortage of time this item could not be discussed fully. In the meeting of the National Anomaly Committee held on 17th July, 2012, the Chairman had desired that since the issues involved in MACP Scheme are complex, another round of consultation through a meeting with the Staff Side under Joint Secretary (E) DoPT may be held soon. This meeting was held in pursuance of that decision. Thereafter the report of the Joint Committee was taken up for discussion.

1. Grant of MACP in the promotional hierarchy:-

The Staff Side stated that under ACP Scheme, financial up gradation was granted in promotional hierarchy and therefore it had become part of service condition of the employees. Under the MACPS, financial up gradations is permitted in Grade Pay hierarchy only, thereby adversely affecting the service conditions. Therefore, under MACPS also the financial up gradations should be granted in promotional hierarchy.

The Official Side stated that there was no such recommendation of the 6th CPC and in fact the Commission in its report, while discussing this issue, had mentioned that although the ACPS had, by and large, alleviated the problem of stagnation and also allowed higher rate of increments in the higher scale extended under it, it had, however, given rise to other problems. The financial up gradations in that scheme followed the then existing promotional hierarchy which gave rise to uneven benefit to employees falling in the same pay scale since several Organisations adopted different hierarchical pattern. Consequently, employees working in organizations having greater number of intermediate grades suffered because financial upgradation under ACPS placed them in a lower pay scale vis-a-vis similar]) placed employees in another organization that had lesser intermediary grades.

The 6th CPC therefore, recommended a systemic change in the existing scheme of ACPS whereby all employees, irrespective of the hierarchical structure as prevalent in their organization/cadre, would get the same benefit under it.

This was accepted by the Govt with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. In fact while accepting the recommendations of the 6th CPC on this issue there was no such demand by the Staff Side.

The Staff Side stated that the employees who were in service prior to 1.1.2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing service conditions adversely. The Official Side however stated that since MACPS is in supersession of earlier ACP scheme, this cannot be agreed to.

The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/her to opt for either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.

The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.

2. Date of effect of MACP Scheme:

The Staff Side stated that those employees who retired during the period between 1.1.2006 and 31.8.2008 could not get the benefit of MACPS and therefore the MACPS should be made effective from 1.1.2006. It was pointed out by the Official Side that during the 5th CPC also the ACPS was made effective from a later date.The Staff Side suggested that in respect of those who had retired/died prior to 1.9.2008, the MACP scheme could be made effective from 1.1.2006. It was pointed out that there is also the issue of some of the employees, who got the benefit of ACPS during this intervening period, may be adversely affected because of this demand.

Thus the staff Side was advised to reconsider their demand for giving effect to the MACP Scheme w.e.f. 01.01.2006.

3. Counting of 50% of service rendered by Temporary Status Casual Labour for reckoning 10/20/30 years under MACP Scheme:

It was reiterated by the Official Side that as per para 5 (v) of Appendix pertaining to Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefits after their regularization. Since under MACPS only continuous regular service is taken into account for allowing 1st, 2nd and 3rd financial upgradations on completion of 10, 20 & 30 years of continuous regular service respectively, the demand of the Staff Side cannot be accepted for MACPS.

It was decided that this issue may be taken up by the Staff Side in National Council separately.

4. Treatment of employees selected under LDCE/GDCE Scheme:

It was decided that treatment of such cases would be on the lines as was under the ACP Scheme and Ministry of Railways would examine the matter accordingly

5. Promotion in the identical Grade Pay:

The Official Side stated that they will issue instructions for granting one increment for fixation of Pay in cases of promotion to the same Grade Pay if they were granted such a benefit post 5th CPC also. Such a dispensation would then apply while considering financial upgradation under MACPS.

6. Financial Upgradation under MACPs, in the case of staff who joined another unit/organisation on request:

The Staff Side pointed out that OM dated 01/11/2010 should be suitably amplified/amended covering the staff that was transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation, ignoring the past promotion, may be counted for MACPs.

The Official Side agreed to issue necessary clarificatory instructions in this regard. The Staff Side also pointed out that in certain offices the promotion in the original Unit/Organisation from which an employee got reverted/transferred to the lower post, was also being counted against MACPS which is not warranted.

The Official Side agreed to look into this issue.

7. Extension of benefit of MACPS to an employee appointed in Grade where direct recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post:

The Official Side reiterated that suitable clarifications bearing No.5 in OM dated 09/09/2012 have already been issued and matter stands resolved.

8. Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of ACP/MACPs

It was stated by the Official Side that stepping up of pay in the pay band or grade pay with regard to junior getting more pay than the senior on account of pay fixation under the MACP Scheme can be considered as a special dispensation and suitable clarificatory instructions will be considered to deal with such situations.

The Staff Side also raised the issue of injustice being meted out particularly in the Accounts Department of Indian Railways wherein the incumbents who cleared the Appendix examination are drawing less pay as compared to those who could not qualify the said examination and got the benefit of MACPs. The Staff Side stated that this led to de-motivation among qualified staff and urged for rectifying such an anomaly.

It was agreed to examine this separately and Ministry of Railways was advised to send the proposal in question.

9. Benchmark for MACP

It was decided that suitable instructions will be issued to specifically clarify that wherever promotions are given on non-selection basis (ie seniority cum fitness), the prescribed benchmark, as mentioned in para 17 of Annexure I of MACPS dated 19.5.2009, will not be applicable and the benchmark for promotion will apply for the purpose of MACPS.

10. Grant of ACP benefit to Artisan Staff of Ministry of Defence:

The Staff Side insisted that based on Fast Track Committee recommendations, the then existing Highly Skilled grade (in the Pre revised pay scale of Rs 4000-6000) was split equally in the ratio of 50:50 and redesignated as Highly Skilled Grade II (GP 2400) and Highly Skilled Grade I (GP 2800) with effect from 1.1.2006.

The Staff Side stated that such placement of employees in Highly Skilled Grade I (GP 2800) with effect from 1.1.2006 to 14.6.2010 cannot be treated as promotion for the purpose of grant of financial upgradation under MACP Scheme.
The Official Side stated that on the issue of Artisan Staff of the Ministry of Defence, the matter has already been examined on file and Ministry of Defence has been advised accordingly.

The Staff Side insisted that this should be reconsidered so that placements in higher Grade may not be taken as promotion for the purpose of grant of financial upgradation under MACP.The Official Side stated that this has repercussions on the employees working in Railways and therefore it is not amenable to acceptance.

(11). The rest of the items of the Report of the Joint Committee, as indicated below, were closed as appropriate action had been taken with respect to the issues raised therein.

(1) Applicability of MACPS to Group D employees who have been placed in the grade pay of Rs.1800/- in PB-i.

(2) Grant of financial up gradation under old ACP Scheme between 1.1.2006 and 31.8.2008
(3) Counting of services rendered prior to re-appointment for the purpose of MACP.
(4) Accounting of services rendered before Removal/Dismissal from service and subsequent reinstatement in service for the purpose of MACP Scheme
(5) Counting of service rendered in State Govt/PSUs etc.
(6) Regulation of Probation period under MACPS
(7) Application of MACPS to the Surplus Staff Re-deployed to lower posts in other Cadres/Organisations.
(8) Entitlement of the privileges after financial upgradation under MACP Scheme
(9) Extension of ACP/MACP Scheme to Staff Car Drivers /Civilian Motor Drivers/MT Drivers/Fire Engine Drivers etc.
(10) Pay Fixation on promotion subsequent to grant Of MACPs
(11) Notional Classification for CGE1S consequent upon MACPs.

(12) The Staff Side raised the following issues though they were not part of the MACP Joint Committee Report.

Employees who got one pro motion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPs: The Staff Side raised this issue and insisted that in such cases, third MACP should be straight away given to staff from the date subsequent to the date of completion of two decades of service after promotion. After discussions, the Official Side while appreciating the position stated that this is a peculiar situation and agreed to consider this issue on the basis of a reference to be made by the Ministry of Railways in this regard.

Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay Scale-Implementation of MACPs

Though this was not a part of the MACP Report, the Staff Side raised this issue in the meeting and explained that in the Railways, the lower pay scales were abolished and posts were upgraded to higher pay scales with revision of recruitment qualification and designation. In such cases the Staff Side insisted that entry Grade Pay as a result of upgradation consequent upon abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP.

The Official Side decided that the Railway Board may send an appropriate proposal to the DoP&T in consultation with the Staff Side.

13. The Official Side reiterated that MACP Scheme is a fall-back option and the Ministries have to conduct Cadre Restructuring in right earnest for ensuring that promotional avenues are available to the staff within a reasonable time frame. It was agreed that Ministry of Finance would issue instructions to all Ministries/Departments/Cadre authorities to undertake Cadre restructuring of Group B & Group C formations in a time bound manner.

The Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed, for revising the percentages for the purpose of Cadre restructuring, the Official Side stated that this would be examined and if required, necessary clarificatory instructions will be issued to the Ministry of Railways so that the Cadre Restructuring could be carried out.

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The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27th July, 2012. The Staff Side was represented at the meeting by the following comrades:

Com. M. Raghaviah

Com. Umraomal Purohit

Com. S.K. Vyas

Com. C. Srikumar

Com. K.K.N. Kutty

Com. Shivgopal Misra

Com. Bhosle

The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting. The points that came up for discussion and the decisions taken are as under:

Grant of MACP in the promotional hierarchy: The Staff Side pointed out that the ACP which was in vogue till the advent of MACP had been on promotional hierarchy. In the name of improvement of the scheme, the Government cannot unilaterally change it, especially when the concerned employees do not consider it as advantageous. They suggested that the employees must be allowed to retain the ACP for the first two promotions and for the third promotion MACP can be extended. However, the Official Side said that it would not be possible to have any hybrid scheme. In fact, they added that the 6th CPC had suggested for two career progressions only and that too on grade pay hierarchy. The govt. had improved upon and therefore it was not possible for them to agree for the suggestion of the Staff Side. They also stated that the reason for bringing about grade pay hierarchy was to bring about uniformity in the scheme across the Departments as the promotional hierarchy varies from one department to another. They declined to consider the suggestion for promotional hierarchy based MACP.

The Staff Side then pointed that in the last meeting of the Committee, the Official Side taking into account the difficulties and disadvantages experienced by the employees in many departments which were presented by the Staff Side had agreed to consider department wise/cadre wise options. The Staff Side further pointed out that the suggestion of the Official Side would not go to resolve the issue. They said that option must be provide for each individual employee to choose either the ACP or MACP whichever is beneficial to him as is provided in the CCS(RP) Rules. The unilateral withdrawal of a benefit from an employee is not permissible. They also stated that the Official Side has not pointed out the difficulties in agreeing to this proposal. After some discussions, the Official Side said that they would re-examine the issue of individual option and will come up with their considered view at the next meeting of the NAC.

Counting 50% of service of the Temporary status/casual labourers for the purpose of MACP: In the light of the discussion at the meeting, the Official Side agreed to examine the matter.

Treatment of employees selected under LDCE Scheme and GDCE Scheme: The Official Side agreed to issue orders on the same lines as has been issued under the ACP Scheme. The Staff Side stated that wherever examination is the criterion for promotion/fast track promotion, the service rendered by such employees in the lower post must be ignored and such promotion should be treated as appointment and the promotion scheme to commence from the date of such appointment. This was not agreed to by the official side on the plea that such appointments are against promotion quota and therefore, they are to be considered as promotion only. The Staff Side them pointed out that this issue had been the subject matter of judicial consideration before the Tribunal and the Tribunal has given the decision in favour of the employees. The Official Side wanted a copy of the judgement to react to this.

Date of effect of the Scheme: The Staff Side pointed out that the date of effect of MACP Scheme must be from 1.1.2006. The analogy of the 5th CPC has no application as ACP was introduced after discussion with the Staff Side on a later date. Since the Government issued the orders of the 6th CPC and the acceptance of the MACP with modification almost simultaneously, it should have been made effective from 1.1.2006. They also pointed out that the MACP is not an allowance to be made application from 1.9.2008. The Official Side pointed out that the benefit emanating from the MACP i.e. the third promotion was applicable to all existing employees who were in service after 1.9.2008. The Staff Side demanded that the benefit has been denied to those who retired between 1.1.2006 and 30.8.2008. The Official Side agreed to consider application of the new MACP with effect from 1.1.2006 for those who retired/died between 1.1.2006 and 30.8.2008.

Financial up-gradation under MACP in the case of staff who join another unit/organization on request. It was agreed at the last meeting that the services rendered in another recruiting unit/organization will be taken into account for counting service for promotion under MACP. The Staff Side however, pointed out that in many cases, the employees are compelled to seek reversion in order to be transferred to another recruiting unit. In their case, the promotion so earned at the present recruiting unit and which have been foregone is being counted as one promotion under MACP. The Official Side agreed to look into this matter and issue necessary clarificatory orders.

Stepping up of pay of senior incumbent with the junior as a consequence of ACP/MACP. The Official Side stated that in the light of the judgments delivered in the matter they will have the case looked into and necessary instructions issued. They also stated that certain instructions in the matter has already been issued, copy of which will be made available to the Staff Side.

The bench mark question for promotion under MACP. The Official Side agreed to issue a clarificatory order stating that if the promotion is on seniority cum fitness basis, MACP will also be on seniority cum fitness basis.

There had been no discussions on other points incorporated in the report. The stand taken by the Official side in those matters remains unchanged. You may kindly access the report from the website of the Department of Personnel along with the relevant orders.

5th meeting of the National Anomaly Committee was held on 17th July2012 under the chairmanship of Secretary, DoP&T.

At the outset Com. Umraomal Purohit, Secretary, Staff Side, National Council(JCM), raised the following points:-

He explained the background of setting-up of JCM Scheme and emphasized that the scheme has been effective to resolve the disputes between the Central Government employees and Government of India.

But of late, the scheme is not been administered properly causing frustration among the Central Government employees.

He reminded the Secretary, DoP&T that since he is the custodian of the scheme, it would be appropriate for him to see that the scheme functions both at the National and Departmental levels in its letter and spirit.

He said that the meeting of the Ordinary Meeting of the National Council, JCM(full-fledged meeting) was held on 15.05.2010 and after that no meeting has been held.

He mentioned that, as per JCM Constitution, minimum 3 meetings should be organized after every 4 months.

He further said that, earlier 4/5 Sub-Committees have been formed to deal with the items in the agenda, but nowadays Sub-Committees are also not being formed.

He also said that in many departments, Departmental Council has not yet been formed on some plea or the other, and where Departmental Councils are yet to form, the Anomaly Committee is totally absent.

He also stated that, wherever Departmental Council and Anomaly Committee have been formed, they have not been allowed to take independent decision and they are to depend on everything on Ministry of Finance or DoP&T.

He said that we are crossing six years of the VI CPC report and shortly there is likely demand of setting-up of Seventh Central Pay Commission. Unfortunately, anomalies of the VI CPC are yet to be settled.

He said that separate discussion should be held in respect of MACP Scheme matters, and the date for the same should be fixed very shortly.

Reciprocating, the Secretary DoP&T advised all the departments to send their status position in respect of formation of Departmental Council, expansion and formation of Departmental Anomaly Committee.

He also demanded that the pending issues should be settled early and meeting of the National Council(JCM) should be convened after Monsoon Session of the Parliament.

He also said that separate meeting for deciding MACP Scheme should be fixed within this month.

General Secretary AIRF, Com. Shiva Gopal Mishra, stated that the unanimous recommendations made by the Railways’ Departmental Anomalies Committee are not being implemented because these have not been cleared by the DoP&T and MoF(Exp.). He demanded de-centralization and delegation of powers to the ministries for smooth and quick decisions. He also mentioned that where already fundamental rule exists, like fixation under FR-22(C), why MoF(Exp.) insists for reference to them. It should be done by the ministries themselves.

General Secretary AIRF, Com. Shiva Gopal Mishra, Working President AIRF, Com. Rakhal Das Gupta and Asstt. General Secretary AIRF, Com. Ch. Sankara Rao raised the issue of granting promotional benefits to Loco Pilots under Rule FR-22(C) and they also expressed dissatisfaction over the functioning of NC/JCM. The matter of resolving problems of MACP Scheme was also raised by the AIRF representatives.

The Official Side stated the matter of granting one increment on promotion is under active consideration of the Government of India and decision in this regard would be taken shortly.

Then the Agenda Item was taken-up.

Agenda items

Items No.1,2,3 & 4 – Fixation of pay in revised pay scale:

Despite lots of deliberations, Official Side did not agree to revise the Pay Band of GP Rs.9300-34800, and ultimately disagreement has been recorded.

It was agreed that, wherever there is provision of direct recruitment in the recruitment rules, pay on promotion would be fixed to minimum of the Entry Pay as provided for in the revised rules, irrespective of the fact whether direct recruitment has actually taken place or not.

Item No.12 & 13 – Transport Allowance

Earlier Overtime Allowance was admissible on City Compensatory Allowance(CCA) also. The VI CPC has sum the CCA with Transport Allowance. Official Side agreed to consider the provision of Transport Allowance to be paid for the purpose of OTA. It was also agreed to consider something for the residents of NCR, i.e. Ghaziabad, Faridabad and Gurgaon on the line of CCA.

Item No.14 – Revision of existing allowances which are to be withdrawn and replaced by new schemes

The Official Side has informed that the matter doubling of rates of Risk Allowance and Patient Care Allowance is being sent to the Cabinet for approval.

Item No.16 & 17 – Parity in Pension

The matter is sub-judice.

Item No.25, 25 & 26 – Commutation of Pension

It was decided that the calculation of commutation factor for the employees retired prior to and after 1.9.2008 would be tabulated to discuss the matter further.

Item No.29 & 30 – Revision of Base Index for D.A.

Calculation of DA would be sent to the Staff Side shortly.

Item No.36 – Income criteria in respect of parents and widowed/divorced/unmarried daughters

The matter is under examination. Item No.38 & 39 – Anomaly in fixing grade pay The matter is under examination.

Item No.41 – Fixation of pay on promotion to a post carrying the same grade pay

The matter of granting one increment on promotion is under active consideration of the government.

Item No.44 – Anomaly in the pay scale/pay band and grade pay of Library Information Assistants

The matter will be considered after collecting date from the Ministry of Culture, being Nodal Ministry.

Item No.45 – Anomaly in pension of those in receipt of stagnation increments in pre-revised pay scale

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The much awaited order for grant of one increment in the pre-revised pay scale for those who were due for their annual increment between February to June during 2006 has been issued by Finance Ministry today.

The Office Memorandum No: 10/02/2011-E.III/A dated 19.03.2012 issued in this regard by Finance Ministry says that in relaxation of stipulation under Rule 10 of CCS (Revised Pay) Rules, 2008, those central government employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 1.1 .2006 in the pre-revised pay scale as a one time measure and there after will get the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS(RP) Rules, 2008. The order also says that the pay of the eligible employees may be re-fixed accordingly.

The following is the full text of the Office Memorandum No.10/02/2011-E.III/A dated 19.03.2012

In accordance with the provisions contained in Rule 10 of the CCS (RP) Rules, 2008, there will be a uniform date of annual increment, viz. 1st July of every year. Employees completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment. The first increment after fixation of pay on 1.1.2006 in the revised pay structure will be granted on 1.7.2006 for those employees for whom the date of next increment was between 1st July, 2006 to 1st January, 2007.

2. The Staff Side has represented on this issue and has requested that those employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 01.01.2006 in the pre-revised scale.

3. On further consideration and in exercise of the powers available under CCS(RP) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 10 of these Rules, those central government employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 1.1 .2006 in the pre-revised pay scale as a one time measure and there after will get the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS(RP) Rules, 2008. The pay of the eligible employees may be re-fixed accordingly.

4, In so far as the persons serving in the Indian Audit and Account Department are concerned, these orders are issued in consultation with the Comptroller & Auditor General of India.

The order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012
Sources close to the DOP&T informed that the issue of granting one increment to the government servants, whose increment date falls between February 2006 and June 2006, has been forwarded to Finance Ministry for its approval. According to the sources, the Finance Ministry gave its approval to this proposal as agreed by the Government in the National Anomaly Committee.

The Federations representing National Anomaly Committee approached the Government to issue the order very soon, since the decision of granting one increment to the govt servants was taken in the National Anomaly Committee on 5th January 2012. It is believed that the federations were informed that due to the ongoing Elections for state assemblies in some states, issuing order is delayed. As per the Election Schedule the elections for state assemblies for 5 States are commenced on 28-1-2012, and the 6th phase of U.P and Goa State assembly elections will be completed by 03-03-2012. So, keeping in view of the above, we can expect that the order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012.

According to the decision which is agreed by government in National Anomaly Committee, the govt servants will be granted one increment in the pre revised 5 CPC scale on 01-01-2006, and then it will be multiplied by 1.86 and the pay in the Pay Band in the 6 CPC will be fixed accordingly.